People v. Morris CA4/3

INTRODUCTION

Defendant Richard Curtis Morris, Jr., was found guilty of murder with special circumstances. On appeal, defendant contends the prosecutor committed misconduct during rebuttal closing argument by relying on facts outside the evidence. Specifically, defendant argues the prosecutor identified questions defendant’s trial counsel did not ask of certain witnesses, and then proceeded to answer those questions. The prosecutor used the evidence before the jury to explain why the inference suggested by defendant was incorrect, but an inference pointing toward defendant’s guilt was correct. Therefore, we reject defendant’s argument, and we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

James Stockwell (who was also known as Jimmy Casino) owned the Mustang Club topless bar. On January 1, 1987, Stockwell returned to his condominium with his girlfriend, Shelly F., about 11:00 p.m. As they entered the condominium from the garage, Shelly and Stockwell were attacked by a man carrying a gun. As instructed, Shelly and Stockwell lay down on the dining room floor. As Stockwell was being handcuffed, Shelly noticed the presence of a second man. Shelly and Stockwell offered the men…